What Are The Grounds For Divorce in Mississippi?

When an individual decides to file for divorce in Mississippi, they must state the reason or reasons why they wish to do so, unless they prefer their divorce to be based upon irreconcilable differences. For those who wish to express why they wish to file for divorce, it is important to realize that the State of Mississippi recognizes twelve reasons, or grounds, for divorce. When you choose which ground or grounds you will include in your complaint for divorce, be aware that you will have to provide evidence to support those grounds. Your soon to be former spouse will also have the opportunity to present a defense, or to assert that you are unable to supply adequate proof of the grounds for divorce.

There are a few things which are grounds for divorce in and of themselves if you can show that they exist. These include adultery, bigamy, natural impotency, imprisonment, incest, and incurable insanity. All of these grounds make sense, when you consider that a marriage is a union based on trust, honesty, and a desire to be with each other, to the exclusion of other people.

Situations involving trickery and/or manipulation can also give rise to grounds for divorce. For example, if a woman is pregnant at the time of her marriage and the child that she is carrying is not the biological child of the husband, this can later be grounds for divorce if the husband can show that he was unaware at the time of the marriage that the child was not his. If one of the spouses was married to someone else at the time that they pretended to marry their current spouse, it is grounds for divorce. Also, if a person is insane at the time of the marriage but the person who marries them is unaware of the insanity at the time of the marriage, it can be grounds for divorce.

Other grounds for divorce not only require proof that there is some sort of problem, but that the problem occurs on a regular basis. These persistent problems are actually some of the most common grounds for Mississippi divorces. For example, habitual drunkenness and habitual drug use are grounds for divorce, where occasional intoxication or drug use do not rise to the level of grounds for divorce. Willful desertion must be continuous for a year or more, before the spouse who was left behind will be legally recognized as having been deserted. Cruel and inhumane treatment is another ground where part of the proof must speak to its pervasiveness within the marriage. For the purposes of obtaining a Mississippi divorce, cruelty involves such inhumane treatment that the marriage becomes unbearable for the spouse who is being treated cruelly, and the mistreated spouse is in danger of being harmed or has reason to fear that they will be harmed. Interestingly enough, cruelty is the most frequently cited grounds for divorce.

If you would like to file for divorce, whether you are pursuing a divorce based on one or more of the statutorily recognized grounds for divorce or a no-fault, irreconcilable differences divorce, Jackson area attorney Matthew S. Poole is here to help you. Matthew S. Poole offers his clients the caring and compassionate support that they need during a difficult time in their lives. He also helps them to pursue resolutions to their divorce cases which are meaningful and satisfactory to them, so that they may move forward in their lives. To find out how Matthew S. Poole can help you, please call our office today, at (601) 573-7429, to schedule a free initial consultation.

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What Are The Grounds For Divorce in Mississippi?

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Mississippi divorce lawyer Matthew Poole answers the question what are the grounds for divorce in Mississippi?

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on Friday, March 21st, 2014 at 3:15 pm and is filed under Mississippi Divorce Articles.
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